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S1282 (ACTIVE) - Summary

Authorizes gambling on professional sporting events and athletic events sponsored by universities or colleges at betting facilities located at thoroughbred and harness racetracks operating in this state, in simulcast theaters operated by off-track betting corporations and in any constitutionally authorized casino facility; provides that the proceeds of such gambling be applied exclusively to or in aid or support of education.

S1282 (ACTIVE) - Sponsor Memo

BILL NUMBER: S1282
TITLE OF BILL : CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 9 of article 1 of the constitution,
in relation to authorizing gambling on professional sporting events
and athletic events sponsored by universities or colleges
SUMMARY OF PROVISIONS :
Article 1, Section 9 of the State Constitution would be amended to
allow for an additional exception to the prohibition on all gambling
authorizing wagering on professional and collegiate sporting events at
betting facilities located at horse racing tracks, simulcast theaters
operated by off-track betting corporations and in any constitutionally
authorized casino facility as may be prescribed by the legislature,
the net proceeds of which shall be applied exclusively to or in aid or
support of education.
EXISTING LAW :
Article 1, Section 9 of the State Constitution generally proscribes an
gambling except for four exceptions. These four exceptions are: (1)
pari-mutuel wagering on horse racing; (2) State lotteries; (3) bingo
conducted by certain charitable, non-profit and religious
organizations; and (4) games of chance conducted by these same
charitable, non-profit, and religious organizations.

JUSTIFICATION :
Legalizing professional sports betting in New York would be an
opportunity to diminish a serious organized crime enterprise and
provide critical funds for education.
According to the New York State District Attorney's Offices in both
Kings and Queens Counties, illegal sports betting generates more than
$380 billion a year nationwide, and approximately $38 billion a year
in New York City alone. While our law enforcement agencies do their
best to stop this criminal industry, it is an extremely lucrative
criminal enterprise for organized crime and one that has grown
steadily over the past 3 decades. State regulation of professional
sports betting would drastically reduce profits for organized crime as
was the intent of the New York State Legislature in 1982 when it
sought to achieve similar goals in creating Off-Track Betting. In
addition, strong gaming control regulations would help to abate any
concerns regarding game fixing and other potential abuses.
Furthermore, if the state were to legalize and regulate this industry
it would provide a tremendous source of revenue that could be used to
provide much needed funding for various services, such as education.
One estimate from The Partnership for New York City, suggests the city
of New York could receive as much as $1.9 billion a year in revenue if
professional sports gambling were permitted in the current locations
where gambling in authorized in the state. This amount would then
increase with the recently proposed casino facilities.
Finally, the thrust of this legislation is regulation, not promotion.
While there are legitimate concerns related to the social challenges
that arise from problem gambling, this activity already exists on a
nationwide level and certainly within this state. The illegal
organizations that are unlawfully benefitting from this industry are
certainly not concerned with addressing these challenges and instead
benefit from them. If New York were to allow professional and
collegiate sports betting the money received by the state could be
used to support education related programs that are designed to
address these social challenges as well as providing much needed
revenue to support education in general.
LEGISLATIVE HISTORY :
2015-2016: S.902/A.3080 (Weprin)
2013-2014: S331/A867(Weprin)
2011-2012: S.7401-A
FISCAL IMPLICATIONS :
Significant revenue potential for state.
EFFECTIVE DATE :
If agreed by the Senate and the Assembly, the amendment will be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

S T A T E O F N E W Y O R K
________________________________________________________________________
1282
2017-2018 Regular Sessions
I N S E N A T E
January 9, 2017
___________
Introduced by Sens. AVELLA, ADDABBO, HOYLMAN, MONTGOMERY, SANDERS --
read twice and ordered printed, and when printed to be committed to
the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 9 of article 1 of the constitution, in
relation to authorizing gambling on professional sporting events and
athletic events sponsored by universities or colleges
Section 1. Resolved (if the Assembly concur), That subdivision 1 of
section 9 of article 1 of the constitution be amended to read as
follows:
1. No law shall be passed abridging the rights of the people peaceably
to assemble and to petition the government, or any department thereof;
nor shall any divorce be granted otherwise than by due judicial
proceedings; except as hereinafter provided, no lottery or the sale of
lottery tickets, pool-selling, book-making, or any other kind of gambl-
ing, except lotteries operated by the state and the sale of lottery
tickets in connection therewith as may be authorized and prescribed by
the legislature, the net proceeds of which shall be applied exclusively
to or in aid or support of education in this state as the legislature
may prescribe, except pari-mutuel betting on horse races as may be
prescribed by the legislature and from which the state shall derive a
reasonable revenue for the support of government, and except casino
gambling at no more than seven facilities as authorized and prescribed
by the legislature shall hereafter be authorized or allowed within this
state; AND EXCEPT WAGERING ON PROFESSIONAL SPORTING EVENTS AND ATHLETIC
EVENTS SPONSORED BY UNIVERSITIES OR COLLEGES AT BETTING FACILITIES
LOCATED AT THOROUGHBRED AND HARNESS RACETRACKS OPERATING IN THIS STATE,
IN SIMULCAST THEATERS OPERATED BY OFF-TRACK BETTING CORPORATIONS AND IN
ANY CONSTITUTIONALLY AUTHORIZED CASINO FACILITY, AS MAY BE PRESCRIBED BY
THE LEGISLATURE, THE NET PROCEEDS OF WHICH SHALL BE APPLIED EXCLUSIVELY
TO OR IN AID OR SUPPORT OF EDUCATION IN THIS STATE AS THE LEGISLATURE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD89012-01-7
S. 1282 2
MAY PRESCRIBE, and the legislature shall pass appropriate laws to
prevent offenses against any of the provisions of this section.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

S1282A (ACTIVE) - Summary

Authorizes gambling on professional sporting events and athletic events sponsored by universities or colleges at betting facilities located at thoroughbred and harness racetracks operating in this state, in simulcast theaters operated by off-track betting corporations and in any constitutionally authorized casino facility; provides that the proceeds of such gambling be applied exclusively to or in aid or support of education.

S1282A (ACTIVE) - Sponsor Memo

BILL NUMBER: S1282A
SPONSOR: AVELLA
TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 9 of article 1 of the constitution, in
relation to authorizing gambling on professional sporting events and
athletic events sponsored by universities or colleges
SUMMARY OF SPECIFIC PROVISIONS:
Article 1, Section 9 of the State Constitution would be amended to allow
for an additional exception to the prohibition on all gambling authoriz-
ing wagering on professional and collegiate sporting events at betting
facilities located at horse racing tracks, simulcast theaters operated
by off-track betting corporations, on mobile platforms, and in any
constitutionally authorized casino facility as may be prescribed by the
legislature, the net proceeds of which shall be applied exclusively to
or in aid or support of education.
EXISTING LAW:

Article 1, Section 9 of the State Constitution generally proscribes an
gambling except for four exceptions. These four exceptions are: (1)
pari-mutuel wagering on horse racing; (2) State lotteries; (3) bingo
conducted by certain charitable, non-profit and religious organizations;
and (4) games of chance conducted by these same charitable, non-profit,
and religious organizations.
JUSTIFICATION:
Legalizing professional sports betting in New York would be an opportu-
nity to diminish a serious organized crime enterprise and provide crit-
ical funds for education.
According to the New York State District Attorney's Offices in both
Kings and Queens Counties, illegal sports betting generates more than
$380 billion a year nationwide, and approximately $38 billion a year in
New York City alone. While our law enforcement agencies do their best to
stop this criminal industry, an extremely lucrative criminal enterprise
for organized crime and one that has grown steadily over the past 3
decades. State regulation of professional sports betting would dras-
tically reduce profits for organized crime as was the intent of the New
York State Legislature in 1982 when it sought to achieve similar goals
in creating Off-Track Betting. In addition, strong gaming control regu-
lations would help to abate any concerns regarding game fixing and other
potential abuses.
Furthermore, if the state were to legalize and regulate this industry it
would provide a tremendous source of revenue that could be used to
provide much needed funding for various services, such as education.
One estimate from The Partnership for New York City, suggests the city
of New York could receive as much as $1.9 billion a year in revenue if
professional sports gambling were permitted in the current locations
where gambling in authorized in the state. This amount would then
increase with the recently proposed casino facilities.
Finally, the thrust of this legislation is regulation, not promotion.
While there are legitimate concerns related to the social challenges
that arise from problem gambling, this activity already exists on a
nationwide level and certainly within this state. The illegal organiza-
tions that are unlawfully benefitting from this industry are certainly
not concerned with addressing these challenges and instead benefit from
them. If New York were to allow professional and collegiate sports
betting the money received by the state could be used to support educa-
tion related programs that are designed to address these social chal-
lenges as well as providing much needed revenue to support education in
general.
PRIOR LEGISLATIVE HISTORY:
2015-2016: S.902/A.3080 (Weprin)
2013-2014: S331/A867(Weprin)
2011-2012: S.7401-A
FISCAL IMPLICATIONS:
Significant revenue potential for the state.
EFFECTIVE DATE:
If agreed by the Senate and the Assembly, the amendment will be referred
to the first regular legislative session convening after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.

S T A T E O F N E W Y O R K
________________________________________________________________________
1282--A
2017-2018 Regular Sessions
I N S E N A T E
January 9, 2017
___________
Introduced by Sens. AVELLA, ADDABBO, HOYLMAN, MONTGOMERY, SANDERS --
read twice and ordered printed, and when printed to be committed to
the Committee on Judiciary -- recommitted to the Committee on Judici-
ary in accordance with Senate Rule 6, sec. 8 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 9 of article 1 of the constitution, in
relation to authorizing gambling on professional sporting events and
athletic events sponsored by universities or colleges
Section 1. Resolved (if the Assembly concur), That subdivision 1 of
section 9 of article 1 of the constitution be amended to read as
follows:
1. No law shall be passed abridging the rights of the people peaceably
to assemble and to petition the government, or any department thereof;
nor shall any divorce be granted otherwise than by due judicial
proceedings; except as hereinafter provided, no lottery or the sale of
lottery tickets, pool-selling, book-making, or any other kind of gambl-
ing, except lotteries operated by the state and the sale of lottery
tickets in connection therewith as may be authorized and prescribed by
the legislature, the net proceeds of which shall be applied exclusively
to or in aid or support of education in this state as the legislature
may prescribe, except pari-mutuel betting on horse races as may be
prescribed by the legislature and from which the state shall derive a
reasonable revenue for the support of government, and except casino
gambling at no more than seven facilities as authorized and prescribed
by the legislature shall hereafter be authorized or allowed within this
state; AND EXCEPT WAGERING ON PROFESSIONAL SPORTING EVENTS AND ATHLETIC
EVENTS SPONSORED BY UNIVERSITIES OR COLLEGES AT BETTING FACILITIES
LOCATED AT THOROUGHBRED AND HARNESS RACETRACKS OPERATING IN THIS STATE,
IN SIMULCAST THEATERS OPERATED BY OFF-TRACK BETTING CORPORATIONS, ON
MOBILE PLATFORMS, AND IN ANY CONSTITUTIONALLY AUTHORIZED CASINO FACILI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.
LBD89012-02-8
S. 1282--A 2
TY, AS MAY BE PRESCRIBED BY THE LEGISLATURE, THE NET PROCEEDS OF WHICH
SHALL BE APPLIED EXCLUSIVELY TO OR IN AID OR SUPPORT OF EDUCATION IN
THIS STATE AS THE LEGISLATURE MAY PRESCRIBE, and the legislature shall
pass appropriate laws to prevent offenses against any of the provisions
of this section.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

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